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REPUBLIC V. RENT MAGISTRATE; EX PARTE KESSIE

(1968) JELR 83498 (HC)

High Court  •  4 Mar 1968  •  Ghana

Coram
AMISSAH J.A.

Appearances
Tawia Adamafio for the respondent. Applicant in person.

Judgement
<p style="text-align: center;"><strong><u>JUDGEMENT</u></strong></p><p style="text-align: justify;"><strong>AMISSAH J.A.</strong></p><p style="text-align: justify;">This application was brought by the applicant in this case to have an order of the rent magistrate quashed on the ground that he as defendant was denied an opportunity of being heard by the magistrate before he made his order. A second ground was filed but was not argued.</p><p style="text-align: justify;">The order of the rent magistrate which is impugned is in the following form:</p><blockquote><p style="text-align: justify;">&quot;Upon reading the findings of the rent officer, Accra, dated 2 June 1967, and upon being satisfied that the respondent herein has failed to settle and/or pay his rents due and owing, i.e. the sum of N¢154.00 as at 31 May 1967:</p><p style="text-align: justify;">I do hereby order that the respondent herein (Kessie) do pay the said sum of N¢154.00 being arrears of rent due and owing and any subsequent rent or rents that may accrue on or before 30 June 1967 or quit the premises.&quot;</p></blockquote><p style="text-align: justify;">It will be noticed that the order was made giving the applicant alternative courses of action. But it would appear from his affidavit that he took it as an unqualified order to quit the…</p>

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